Forcible dispossession of non-owner from commercial premise

Answer Seeker (Querist) 27 January 2023 This query is : Resolved
Just want to know if someone does not have ownership of a commercial place and has taken over it forcefully from the owner, rented it out and earning out of it and then files plea in civil court to not be forcibly dispossessed from that place

Is this allowed ? Place is being used commercial not for self stay by the person and thus wondering if the person can get away even when not owner and no paper - that just because the person is running business peacefully that he should not be forcibly dispossessed from the place ?

Place - Mumbai

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Quick Summary

This discussion addresses the forceful occupation of a commercial property by an individual (C) who has no ownership rights. C unlawfully entered the property, rented it out, and profited from it, despite the rightful owner (A) possessing a registered will from her deceased mother (B) naming A as the sole owner. The advice provided suggests that A must probate the will in civil court to establish ownership and then file a suit for rendition of accounts, mesne profits, and a permanent injunction against C's legal representatives, including his wife (W), who has continued to collect rent. Changing utility bills does not confer ownership, and the situation is primarily a civil matter, not criminal.

Sudhir Kumar, Advocate (Expert) 27 January 2023
Please narrate the problem. It is just like a question paper in property law test in LLB.

Answer Seeker (Querist) 27 January 2023
A and B (mother of A) purchased a property
When B died, she in her registered Will declared A as sole owner

C, who is brother of A unlawfully broke into the property and rented it to people
C had connections with police

C died and now C's wife W (terminally ill) is taking the rent of the commercial property

Neither C nor W ever had any ownership of the property

Sudhir Kumar, Advocate (Expert) 29 January 2023
You have to file civil suit.

Dr J C Vashista (Expert) 29 January 2023
A has to get herself declared owner of the share of B (her mother) by probating the will by Civil Court, which is compulsory in Mumbai.
She has to seek the relief of rendition of accounts (of rent received by C through his legal representatives including W) with mesne profits and permanent injunction against W and other LRs of C.
it would be appropriate to consult and engage a local prudent lawyer for better appreciation of facts / documents, professional advise and necessary proceedings.

P. Venu (Expert) 30 January 2023
"When B died, she in her registered Will declared A as sole owner"! How is it that a dead person can execute and register a Will?

Answer Seeker (Querist) 30 January 2023
@P Venu
B made the Will before dying. And it is a registered Will

P. Venu (Expert) 30 January 2023
What further action A has taken to get the property mutated in revenue records? When has B died? Has C been apprised of the existence of the Will and/or is he in the know of the Will executed by the late Mother?

Answer Seeker (Querist) 30 January 2023
1. What action A has taken to get the property mutated in revenue records - Nothing
2. B died 6 years back
3. C was well aware of Will and yet illegally possessed and one year back C died
4. C's wife W is also terminally ill with an adopted son (without any adoption papers)

Answer Seeker (Querist) 30 January 2023
W, wife of C had changed electricity bill from the name of B to her own name

Can this be filed as criminal case against her ?
Also if W has rented the place basis an agreement, can that be also considered under criminal activity ?

kavksatyanarayana (Expert) 13 September 2023
It is not criminal activity.

Dr. J C Vashista (Expert) 14 September 2023
A funny moot court topic, if not a time pass question paper.

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